Straub v. Modelewski

— In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Huntington dated July 13, 2006, made after a hearing, that the petitioners’ use of an existing cottage on their real property is not a continuation of a preexisting nonconforming use, the Zoning Board of Appeals of the Town of Huntington appeals from (1) an order of the Supreme Court, Suffolk County (Whelan, J.), dated June 19, 2007, and (2) a judgment of the same court dated *482October 24, 2007, which, upon the order, granted the petition and annulled the determination.

Ordered…